EPA v. Commander Terminals, LLC.

Case summary

'Failed to submit in a timely manner a From R for processing 4,674,410 pounds of benzene for calendar year 1999. Failed to submit in a timely manner a Form R for processing 23,372,052 pounds of toluene for calendar year 1999. Failed to submit in a timely mannder a Form R for processing 23,372,052 pounds of xylene for calendar year 1999. Failed to submit in a timely manner a Form R for processing 4,674,410 pounds of ethylbenzene for calendar year 1999. Failed to submit in a timely manner a Form R for processing 6,544,175 pounds of n-hexane for calendar year 1999. Failed to submit in a timely manner a Form R for processing 4,674,410 pounds of 1,2,4-trimethylbenzene for calendar year 1999. Failed to submit in a timely manner a Form R for processing 14,225,213 pounds of methyl tert-butyl ether for calendar year 1999. Failed to submit in a timely manner a Form R for processing 14,225,213 pounds of tert-butyl alcohol for calendar year 1998. Failed to submit in a timely manner a Form R for processing 9,348,821 pounds of tert-butyl alcohol for calendar year 1999. Mr. James Rigano, Counsel for Commander Terminals, LLC. has indicated that Commander Terminals, LLC. did not own the facility located at One Commander Square in Oyster Bay, New York at the time the violations cited in the complaint occurred. The violations occurred in 1998 and 1999. CT, LLC. purchased the facility in March of 2001. At the time of the violations, the facility was owned and operated by Commander Oil Corp. In a letter to the U.S. Environmental Protection Agency dated June 17, 2002, Mr. Nicholas Damadeo, Counsel for Commander Oil Corp. states that Commander Oil Corp was the owner of the petroleum bulk storage facility located at One Commander Square in Oyster Bay, New York prior to March 1, 2001 and that one of their clients was the operator of the facility at the time the violations occurred. He further states that Commander Oil Corp. consents to the withdrawal of the complaint against Commander Terminals and the issuance of a new complaint against Commander Oil Corporation. Our intent is to withdraw the complaint against Commander Terminals, LLC. and issue a new complaint to Commander Oil Corporation.

Defendants (1)

• Commander Terminals, LLC.Named in complaint

Facilities (2)

• COMMANDER TERMINALS

  ONE COMMANDER SQUARE, OYSTER BAY, NY, 117711536

  Registry ID: 110019643411

• COMMANDER TERMINALS

  ONE COMMANDER SQUARE, OYSTER BAY, NY, 117711536

  Registry ID: 110019643411

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Timeline (3 milestones)

• 2002-04-09Complaint Filed/Proposed Order
• 2002-07-03Enforcement Action Closed
• 2002-10-22Enforcement Action Data Entered